2024 CONTRACT ATTACHMENT C 1 22 24.doc

Attachment C Fair Employment Practices Agencies (FEPA) Mediation Participation Qualifications Sheet Introduction: FEPAs seeking consideration for a mediation contract must have a current charge resolution contract with EEOC. FEPAs must also demonstrate in their materials that they meet all the standards outlined in the combined synopsis/solicitation under FEPA participation. Failure to meet any of the standards will disqualify a FEPA from participation. In general, a prospective participant must demonstrate that the following general programmatic criteria have been met: FEPA has a current mediation program and will utilize the facilitative mediation style; FEPA’s mediation service is provided by internal FEPA staff separate from other FEPA enforcement and legal staff; FEPA mediation staff has been trained in the principles and strategies of facilitative mediation; FEPA has developed and maintained an information firewall between enforcement and mediation staff identical to EEOC’s mediation program.

FEPA Information

1. When was the FEPA mediation program implemented?

2. Does your program exclusively utilize a facilitative mediation style? If not what other styles are utilized (i.e., evaluative, transformative) and would you agree to utilize the facilitative mediation style for cases assigned by EEOC?

3. Provide a detailed description concerning the operation of your mediation program. Please include the following specific information along with any additional information submitted:

A. Is participation in your program mandatory or voluntary on the part of Charging Parties and Respondents?

B. What kinds or classes of cases are available for mediation in your program? Are any types of cases excluded from your mediation program?

C. Describe your mediation intake procedures? How are cases referred to your mediation program?

D. How are cases assigned to your staff mediators? When was the mediation program implemented? Does your program exclusively utilize a facilitative mediation style? If not what other styles are utilized (i.e., evaluative, transformative) and would you agree to utilize the facilitative mediation style for cases assigned by EEOC?

E. How many FEPA staff mediators are utilized in your program?

Note: FEPAs utilizing external contract or pro bono mediators are ineligible to participate

4. Provide a detailed description of the “firewall” you have established between your mediation program and enforcement program. Please include the following specific information along with any additional information submitted.

A. How is the mediation unit organized within your FEPA? Who supervises the mediation unit? Who do the internal mediation staff seek guidance from concerning mediation matters? Is the mediation unit part of another organizational component?

B. What other duties are your mediation staff required to undertake? Do they investigate charges, litigate charges, provide intake services or other enforcement activities?

C. How are mediation files (electronic and paper) maintained within your office? Who has access to such files?

D. How are inquiries concerning charges that have or will be mediated handled? Who responds? How is information provided at a mediation that is later disclosed to an investigator handled?

E. What forms, processes or procedures are utilized by your mediation program to ensure the maintenance of the firewall? Please forward all forms utilized in your program.

F. What individual(s) possess authority to sign agreements reached in mediation?

G. Does your program permit non-EEO claims to be resolved during the mediation?

H. Are matters outside of the jurisdiction of the FEPA that are resolved during a mediation permitted to be included in a written mediation agreement signed by the FEPA?

Note: EACH Interested FEPA MEDIATOR must also complete Mediation Qualification Sheet – ATTACHMENT B